RAM DHAN Vs. BASANTA AND ANR.

JUDGEMENT

(1.) This second appeal is directed against the judgment of the Additional District Judge, Bilaspur, in a suit for pre -emption instituted by Ram Dhan against Basanla and Smt. Mathru in respect of land khasra Nos. 21 and 22, measuring big has 4.6 situated in village Majhasu, Pargana Tiun, District Bilaspur, where in affirming the decision of the Senior Sub -Judge, Bilaspur, he has decreed the suit but has refused to give actual possession over the disputed land to the Plaintiff Ram Dhan. The allegations made by the Plaintiff were, that one Jiunu was his real brother and he created occupancy rights in the disputed land in favour of Basanla in the year 1947 by executing a written document to that effect. The consideration for conferring occupancy rights was Rs. 475 which was received by Jiunu. After the creation of such occupancy rights, Ram Dhan Plaintiff filed a suit in the year 1949 for a declaration that under the custom with which the parties were governed, Jiunu could not make a transfer of the ancestral land so as to create occupancy rights without lawful necessity. The trial Court found that legal necessity did exist for a part of the consideration which was Rs. 100 but not for the remaining part of the consideration. Jiunu died during the pendency of that suit and Smt. Mathru Respondent was brought on record as his legal representative. The suit was decreed for a declaration of action and that the Plaintiff had no right to sac.